What Is the Difference Between a Military Tribunal Trial & a Civilian Criminal Court Trial?

What Is the Difference Between a Military Tribunal Trial & a Civilian Criminal Court Trial? thumbnail
What Is the Difference Between a Military Tribunal Trial & a Civilian Criminal Court Trial?

Whether to try terrorism suspects in civilian courts or military tribunals has been a controversial issue in the United States. People on opposite sides of the issue disagree on the fairness and practicality of the two alternatives.

  1. Searches

    • Evidence from unreasonable searches and seizures can be excluded in federal courts, but no provision is made for this in military tribunals and the Secretary of Defense can authorize the use of this evidence.

    Speedy Trial

    • Trials in federal courts must begin within 70 days after indictment, but there is no right to a speedy trial in military commissions.

    Verdicts

    • Civilian verdicts must be unanimous, but verdicts of military commissions must only be unanimous in capital cases. In all other cases, only a two-thirds vote is required to convict.

    Hearsay

    • Hearsay or secondhand testimony is prohibited in the federal courts, but not in military commissions.

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